Business Law Final Flashcards
- True or False: 1. State legislatures sometimes come together to draft “uniform acts” to promote uniformity
on certain subjects.
False
- Which of the following is true regarding equity?
A) Today, most states have abolished separate equity courts.
B) The typical equitable remedy is money damages.
C) The rules of equity are very precise and technical.
D) Equitable principles defeat inconsistent statutes.
A) Today, most states have abolished separate equity courts.
3. Which of the following types of law is made by a legislature? A) Administrative regulations. B) Executive orders. C) Statutes. D) Two of the above
C) Statutes.
- True or False: A state statute defeats an inconsistent federal administrative regulation in case of a
conflict between them.
False
- True or False: A state homicide statute is an example of a substantive law.
True
- True or False: For federal district court diversity jurisdiction to exist, the amount in controversy must
exceed $75,000.
True
- True or False: In rem jurisdiction is based on the fact that property of the defendant is located within the
state.
True
True or False: Interrogatories are a form of discovery requiring a party to file written answers to
questions submitted to him
True
- Which of the following motions is made at trial and, if successful, essentially “takes the
case away from the jury” and gives a judgment to one party?
A) The motion to dismiss
B) The motion for a new trial
C) The motion for summary judgment
D) The motion for a directed verdict
D) The motion for a directed verdict
- Depositions are:
A) Written questions directed to a party, answered in writing, and signed under oath
B) Documentary evidence introduced at trial.
C) Oral examinations of a party or a party’s witness by the opposing party’s attorney
D) Written statements made during arbitration
Oral examinations of a party or a party’s witness by the opposing party’s attorney
- True or False: Although it is a criminal statute, the RICO statute also allows civil actions in which
private plaintiffs may recover treble damages.
True
- True or False: The warnings required by the Supreme Court in the Miranda decision were designed to
further Fourth and Eighth Amendment protections
False
- True or False: Corporations may be held criminally liable even in the absence of proof that high
corporate officers ordered or acquiesced in the offense charged.
True
- The Sixth Amendment does not guarantee a criminal defendant:
A) the right to a trial by an impartial jury.
B) the right not to be subjected to unreasonable searches and seizures.
C) the right to confront and cross-examine witnesses against him.
D) the right to a speedy trial.
B) the right not to be subjected to unreasonable searches and seizures.
- Which of the following is an accurate statement about the Fifth Amendment?
A) It would allow a Bogus, Inc. officer who has custody of Bogus records to resist a
subpoena demanding production of those records if the contents of the records could
incriminate that officer personally.
B) It would prevent a sole proprietor from being compelled to produce her business
records if the act of producing such records was not testimonial in nature.
C) It may be asserted by a corporation, partnership, or other collective entity on the same
basis that an individual human being could assert it.
D) It does not protect “required records” from being subpoenaed and used against the
recordkeeper in criminal prosecutions.
D) It does not protect “required records” from being subpoenaed and used against the
recordkeeper in criminal prosecutions
- True or False: While driving his new four-wheel drive vehicle at a high speed through a muddy field at
the county fair, Joe runs into Susan. Joe wasn’t trying to hit anyone and wasn’t
substantially certain that this would happen either. Rather, he was just having a good
time. Of course, Joe knew and had to know that this behavior carried with it a high risk
of harm to someone. Joe’s behavior is best described as reckless
True
- True or False: Defamation liability requires publication of the defamatory statement to an appreciable
number of people.
False
- True or False: In order to be liable for conversion, the defendant must know that the property rightfully
belongs to someone else.
False
- Doris locks Phil in a first-floor room. Phil sues Doris for false imprisonment. Which of
the following is true?
A) Doris would escape liability if she let Phil out of the room after one hour.
B) According to some courts, Doris would escape liability if Phil slept through the entire
period that the door was locked and thus was unaware that he was being detained.
C) Even if Phil could easily have escaped through an open window, Doris still is liable.
D) Doris would not be liable if Phil could have escaped by traveling two miles through a
narrow, filthy, rat-infested sewer line that periodically floods with water.
B) According to some courts, Doris would escape liability if Phil slept through the entire
period that the door was locked and thus was unaware that he was being detained.
- Store owners’ “conditional privilege” defense against intentional tort claims brought by
detained shoplifting suspects, recognized by most states, usually
A) requires only that the store owner acted with reasonable cause in detaining the
suspect.
B) requires only that the store owner detains the suspect for a reasonable length of time.
C) extends only to false imprisonment claims.
D) requires that the store owner act with probable cause, in a reasonable manner, and
detain the suspect for only a reasonable length of time.
D) requires that the store owner act with probable cause, in a reasonable manner, and
detain the suspect for only a reasonable length of time.
- True or False: Proximate causation presupposes the existence of actual or but-for causation; you can’t
have the former without the latter.
True
- True or False: One of the factors courts consider when determining the reasonableness of the risk
created by the defendant is the “social utility” of the defendant’s conduct.
True
- True or False: Negligence defendants are never liable for the consequences of an unforeseeable
intervening cause.
False
- Which of the following essentially is a “defense” to the negligence defense called
contributory negligence–that is, something that will knock out an otherwise-good
contributory negligence defense?
A) Last Clear Chance
B) Res Ipsa Loquitur
C) Proximate Cause
D) The “Substantial Factor” Doctrine
A) Last Clear Chance
- Parsons, a pedestrian watching a construction project, sees that a metal beam being lifted
by a crane is about to drop on some unsuspecting workers. Thus, he rushes to the scene to
warn the workers. For his efforts, he is struck by the falling beam. He sues the
construction company in negligence. Which of the following is true? Assume that the
falling beam was caused by a breach of duty on the company’s part.
A) Parsons will recover against the company.
B) Parsons will not recover, because it is not foreseeable that a pedestrian would run
onto the scene of an accident such as this.
C) Parsons will not recover, because he knowingly and voluntarily assumed the risk of
being struck by the beam.
D) b and c are both true.
A) Parsons will recover against the company.
American law is based largely on ___ common law, which was a body of general rules that applied throughout the entire English realm.
a. Spain
b. French
c. English
d. German
English
With English common law, there were two separate court systems:
Courts of law and Courts of equity
Courts of law granted limited kinds of (monetary) remedies such as:
a. land
b. items of value
c. Money
d. all above
d. all above
Courts of equity awarded non-monetary relief (remedies in equity) such as specific:
a. performance
b. injunction
c. rescissions
d. all above
all above
Though the courts of law and equity have merged in most of the U.S., they still recognize
legal remedies and equitable remedies.
A party can request both legal and equitable remedies in the same action, and the trial court judge may grant:
a. either or both forms of relief
b. neither forms of relief
a. either or both forms of relief
Stare Decisis (“stand on decided cases”) is a common law doctrine under which judges must
follow the precedents established in prior decisions.
